ISLAMABAD: Chief Justice of Pakistan Gulzar Ahmed has said he does not know what are the tangible motives of bar councils/associations’ protests regarding the appointment of the judges in the Supreme Court.
He was addressing at the opening of the new judicial year, 2021-2022 at Courtroom No.1, on Monday.
Attorney General for Pakistan (AGP) Khalid Jawed Khan, Member Pakistan Bar Council (PBC) Syed Amjad Shah, and Secretary Supreme Court Bar Association (SCBA) Ahmed Shahzad Farooq Rana also addressed on the occasion.
The chief justice said: “I have always taken bar councils/associations’ opinions regarding the judges’ appointment; therefore, many times invited their leadership, but I was informed that they were in Peshawar.”
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“The door for dialogue with the bars and the lawyer leaders is always open, they should come to me and have a discussion on the matter,” he added.
Justice Ahmed also gave an overview of the pending cases in the Supreme Court.
“This year has been one of the most challenging years in history, not only for the Pakistani judicial system but also throughout the world owing to the coronavirus (Covid-19) pandemic. It has contributed directly to other challenges, such as delay in disposal of cases posing a severe, unseen and intricate challenge to the Court’s ability to perform its functions, especially the expeditious disposal of cases,” he stated in his written speech.
AGP Khan stated the pending petitions filed by late chief justice Waqar Ahmed Seth and the Sindh High Court Bar Association may be taken up at the earliest by this Court, so as to remove all doubts and ambiguities left by the judgment in the case of Supreme Court Bar Association vs Federation of Pakistan PLD 2002 SC 939. “Posthumous justice is better than no justice.”
The growing pendency of cases in all Courts including the Supreme Court has reached an alarming level. This calls for nothing but immediate and out-of-the-box response, he said. Expressing concern over two judgments passed by Justice Mushir Alam, before his retirement, said that one judgment pronounced after a prolonged delay has caused mass unemployment, while the other judgment tells female victims of harassment at workplace how helpless the highest Court of the land was.
“With profound respect neither result was inevitable; and a more liberal interpretation of the Constitution and the laws could have yielded better and a less draconian result. The review petitions filed in both cases await hearing by this Court,” he added.
Amjad Shah, member PBC, addressed the gathering as the Council’s vice-chairman could not attend due to illness.
Shah said the justice system, particularly, at the lowest judiciary, is unsatisfactory. He requested the chief justice to bring reforms for improvement for the delivery of justice. He expressed concern over the pending cases, saying that the apex court heard the cases against the former prime ministers, but the case of dictator General Pervez Musharraf (retd), who held the constitution in abeyance twice, has not been fixed for hearing.
He said the judiciary has failed to dispel the impression on its independence and impartiality.
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Former PM (Nawaz Sharif) was sent home on the basis of holding an “Iqama”. There is an impression that the judiciary instead of strengthening the democratic institution is weakening them, he said.
He said the higher courts judges should not accept positions after their retirement.
Secretary SCBA Ahmed Shehzad stated that raising voice over the judges’ appointment does not mean to ridicule the judiciary.
He said that the apex court must keep in mind the principle of seniority and merit on judges’ appointment.
He said there is an impression of division among judges over some important issues, adding, the apex court should dispel this impression and give the message that they are united.
Copyright Business Recorder, 2021